Saurav Dey v. State Of West Bengal And ORS.
W.P.A. 3328 of 2025 rkd 03.03.2025 Ct.18 Saurav Dey -vsThe State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra ....for the petitioner.
Ms. Sipra Mazumder, Ms. Prativa Ghatak ....for the State.
Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBBSE.
Mr. Sourav Mitra ....for the WBCSSC.
Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relaters to transfer of the petitioner who is a Clerk of a Government aided School whose transfer application dated 25th August, 2021 which was made on Utsashree portal could not be processed due to inability of the school to issue No Objection Certificate in favour of the petitioner. Today learned advocate representing the petitioner submits that previously when the petitioner made application for transfer on portal he was sole Clerk of Kushi High School (HS),
Purulia (hereinafter referred to as "said school") but now due to joining of another candidate as Clerk in the said school, said school authority has issued No Objection Certificate dated 5th February, 2025 for transfer of the petitioner. Petitioner prays for direction considering his transfer application made on portal dated 25th August, 2021 based on No Objection Certificate granted by the said school authority on 5th February, 2025.
Respondents are represented by learned advocates.
It is submitted on behalf of the West Bengal Central School Service Commission that petitioner is required to apply afresh based on No Objection Certificate granted by the said school authority on 5th February, 2025.
Having considered the relevant submissions made on behalf of the parties, it is found that transfer application dated 25th August, 2021 made by the petitioner on portal could not be processed since the said school authority did not issue No Objection Certificate as petitioner was found to be sole Clerk in the school.
Now after joining of another candidate as Clerk on 5th February, 2025 school authority since has issued No Objection Certificate, this Court
finds no impediment in reviving the transfer application which was made on portal on 25th August, 2021.
Accordingly, the authority of the Kushi High School (HS), Purulia is directed to forward the transfer application in offline mode to the District Inspector of Schools (SE) being respondent no.4 by seven days from the date of communication of this order.
On receipt of transfer application respondent no.4 shall process the same and forward the transfer application to the West Bengal Central School Service Commission by fortnight thereafter.
On receipt of transfer application, the Chairman, West Bengal Central School Service Commission being respondent no.3 is directed to decide the same by six weeks thereafter.
The decision to be taken by the Chairman shall be communicated to the petitioner by ten days thereafter.
It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of Utsashree portal.
The writ petition stands disposed of.
However, there shall be no order as to
costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)